People v. Collins

Jun 5, 2001
Versions:96 N.Y.2d 837
754 N.E.2d 192
729 N.Y.S.2d 433
2001 N.Y. LEXIS 2367

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant appeals his conviction of conspiracy in the first degree arising from his alleged participation in a large-scale drug operation. On appeal he argues that the trial court erred in denying his motion for a mistrial after a “stipulation” was read to the jury stating that defendant was incarcerated from February 19, 1992 to the date of trial about two and a half years later. On this record we conclude that the trial court did not abuse its discretion as a matter of law by denying the motion for a mistrial (see, People v Robinson, 93 NY2d 986, 987-988). Defendant’s arguments with respect to the denial of his motion for severance and the Allen charge (Allen v United States, 164 US 492) are without merit. His remaining arguments are unpreserved.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

Order affirmed in a memorandum.